CONFIDENTIAL
CONFIDENTIAL
FM HONG KONG
TO ROUTINE FCO
TELNO 2745
OF 03075OZ SEPTEMBER 91
INFO ROUTINE PEKING
HR0231/17
(12
061523
MDLIAN 7021
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TOP CUPY
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914
YOUR TELNO 1200: PRC COPYRIGHT PROTECTION.
1. PRC'S ACCESSION TO THE BERNE CONVENTION WOULD OBVIATE THE NEED FOR OTHER CONVENTION COUNTRIES (LIKE UK AND USA) TO PURSUE BILATERAL AGREEMENTS WITH PRC. HONG KONG IS IN A MORE COMPLICATED
SITUATION. AS FAR AS RECIPROCITY BETWEEN PRC AND HONG KONG IS CONCERNED, BERNE ONLY OFFERS A PARTIAL SOLUTION THROUGH UK BEFORE 1997. ON 1 JULY 1997 WHEN HONG KONG BECOMES PART OF CHINA, BERNE CEASE TO BE A VEHICLE OF RECIPROCITY. IT WOULD THEN BE NECESSARY FOR SOME OTHER MECHANISM TO ENABLE BERNE OBLIGATIONS TO APPLY OR
CONTINUE TO BE APPLIED BETWEEN PRC AND HONG KONG.
2. WHILE WE ACCEPT YOUR VIEW THAT THE PRC ARE UNLIKELY TO ACCEPT EXTENSION OF A UK/PRC BILATERAL AGREEMENT TO COVER HONG KONG, WE DO NOT WISH TO ENTIRELY DISMISS THIS ROUTE YET. WE CAN THINK OF NO EXAMPLES OF SUCH AGREEMENTS, BUT IT IS JUST POSSIBLE THAT THEY MAY ACCEPT ONE IN THIS CASE AS A STOPGAP IF THEY SAW SUFFICIENT BENEFIT IN TERMS OF PROTECTION FOR PRC WORKS IN HONG KONG AND IN THE ABSENCE OF OTHER ARRANGEMENTS. THE BILATERAL ROUTE OF COURSE HAS THE SAME DRAWBACK AS BERNE IN THAT IT WOULD PROVIDE NO
SOLUTION AFTER 1997.
3. ONE ALTERNATIVE OPTION WE ARE NOW CONSIDERING IS MAKING PRACTICAL ARRANGEMENTS WITH THE PRC ON RECIPROCAL COPYRIGHT PROTECTION UNDER RESPECTIVE DOMESTIC LEGISLATION. IF THIS COULD BE ACHIEVED IT WOULD ENABLE US TO ENJOY COPYRIGHT PROTECTION IN CHINA AT A REASONABLY EARLY STAGE AND WOULD RESULT IN RECIPROCITY CONTINUING AFTER 1997. A FORMAL BILATERAL AGREEMENT BETWEEN PRC
AND HONG KONG IS UNFORTUNATELY NOT AN OPTION GIVEN THAT PRC'S COPYRIGHT LAW ONLY CONTEMPLATES BILATERAL AGREEMENTS WITH OTHER STATES AS A MEANS OF ACHIEVING RECIPROCITY. HOWEVER, WHAT MIGHT BE
POSSIBLE IS PERHAPS A RECORD OF DISCUSSION SETTING OUT THE UNDERSTANDING REACHED WITH THE CHINESE SIDE.
4. THE COMMENTS IN YOUR PARA. 3 ON DIFFERENT STANDARDS OF PROTECTION ARE VALID. HOWEVER, WE BELIEVE THAT ANY PRACTICAL
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